How Can I Mitigate Damages After a Motorcycle Accident?
It’s only natural to fret about your financial security when recovering from motorcycle accident injuries. After all, the associated losses can add up fast.
Fortunately, those who were hurt through no fault of their own are usually entitled to compensation. That means if you were struck by a drunk, distracted, or drowsy driver while riding your motorcycle, you can probably seek funds for the resulting damages.
In order to secure the maximum payout possible, though—and reduce the risk of a liability dispute—you’re going to have to take reasonable measures to mitigate the damages you claim. Otherwise, the insurance adjuster may argue that your action is frivolous, threatening your entire case in the process.
What Does It Mean to Mitigate Damages?
Mitigating damages essentially means lessening your losses. While Florida tort law allows motorcycle accident victims to seek compensation for virtually all the expenses the incur as a result of their injuries, they’re expected to take steps to reduce these expenses as much as possible.
For example, those who need help handling domestic duties while recovering from their injuries are entitled to hire a housekeeper; however, those who are able to manage day-to-day tasks on their own are expected to do so and therefore cannot include meal preparation or housekeeping in the settlement negotiations.
Seeking prompt medical care is another effective way to mitigate damages. Even if you do not appear to have life-threatening injuries, you should visit a doctor as soon as possible. Not all impact injuries manifest symptoms right away, so how you feel isn’t necessarily indicative of your condition.
If it turns out you did sustain injuries, it’s also imperative that you follow your doctor’s orders once you start treatment. Ignoring medical advice—by returning to work before you’re given the go ahead, for example—could constitute a failure to mitigate damages.
Put another way, if you were to postpone getting care or to disregard your physician’s instructions once you did and you ended up suffering complications, you could be deemed liable for their associated damages. And depending on the severity of the complications, such damages could be significant.
On the other end of the spectrum, mitigating damages often requires claimants to be self-sufficient. As your recovery progresses, for example, you should be able to perform more tasks yourself and, consequently, require fewer replacement services.
If you’re unsure how else to lessen your losses given the circumstances, talk to your doctor, and then share what they say with your legal team. Your doctor will let you know what you should and should not be doing, while your legal team can explain what is and isn’t recoverable. Armed with such information, you’ll be able to handle the aftermath of the accident appropriately, so you can pursue the maximum payout possible.
Call (727) 821-1500 to Discuss Your Case with a Florida Motorcycle Accident Attorney
If you’re in need of a personal injury attorney in Florida, look no further than Emerson Straw. Backed by more than 70 years of collective experience in the legal field, our tenacious team is well-versed in tort law.
We have the knowledge, resources, and experience needed to achieve success both during contentious negotiations and in court. Call (727) 821-1500 or fill out our Contact Form to schedule a free initial case review with a motorcycle accident lawyer in Florida.